Kelly v. Southern Wisconsin Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Dane county: E. Kay Stbveks, Circuit Judge. Action to recover for a personal injury. All conditions precedent to tbe right to maintain tbe action and to legal capacity to sue were pleaded and established by proof. Plaintiff was an infant of tbe age of six years.
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Appeal from a judgment of tbe circuit court for Dane county: E. Kay Stbveks, Circuit Judge. Action to recover for a personal injury. All conditions precedent to tbe right to maintain tbe action and to legal capacity to sue were pleaded and established by proof. Plaintiff was an infant of tbe age of six years. July 27, 1911, defendant, a street railway corporation, was lawfully engaged in stringing an electric feed wire on a city street where children, to its knowledge, were liable to be. A snatch block and rope were used with a team of horses to furnish power. The snatch-block pulley was…
1Opinion of the CourtMaRshall, J.
Did defendant breach a duty to exercise ordinary care for the safety of children who were liable to b'e in the street in the vicinity of its rope; having regard for danger of their interfering with the appliance ?
The trial court, in contemplation of supposed legal principles, decided there was reasonable ground in the evidence to find in respondent’s favor, and, so, sent the matter to the jury. Acting under the judicial suggestion, the jury took the subject as involving questions of fact, determinable from controverted reasonable inferences arising from the evidence, *333.and resolved tbe…
2Cases cited13 opinions
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